Petition for Eviction of the Property

Petition for Eviction of the Property

 Landlord-Tenant disputes, in particular eviction issues are some of the more common cases that we get to deal with.

In the recent past our eviction lawyers have come across some cases that bring to notice the fact that there is more awareness needed about this particular aspect.

Take the following cases for example:

Bhupinder Singh Bawa vs Asha Devi Case

  • Landlady filed a petition to evict the tenant as the property was required for business purposes by her son
  • Tenant appealed in the court that the son was already involved in family business and could start the work at some other location along with his father.
  • The court while dismissing the renter’s appeal said that the landlady has all the rights to use the premises for setting up her son’s business.
  • Further it was said that the tenant’s appeal was not suitable as there is no such law that would ask the landlady’s husband to modify his business to accommodate their son’s work and that too when the rented property is located in much more suitable area for the new business.

Gaya Prasad vs. Pradeep Srivastava case:

  • The court held that the date of filing of application for eviction is important to decide the bona fide requirements of the landlord.
  • In this case, the landowner started the eviction process to set up a clinic for his son.
  • The proceeding continued for a long time during which the son got associated with the Provincial Medical Service and the location of his posting was changed regularly.
  • The court here gave the ruling in the favour of eviction stating that the son joining the job was not important here.
  • The date of filing of petition was the crucial date to determine the need of eviction of the property.

In the context of various issues that keep coming up in these tenant eviction cases, it is vital to understand the following terms/requirements:

What do you mean by bona fide requirement of the landlord?

The bone fide requirement of the landlord refers to the condition where landowner needs the premises/property for self or family use.

Can a landlord evict tenants for bona fide requirement of property?

Yes, the landlord can evict or file a petition for eviction of the tenant on the basis of bona fide need of the asset.

Which date is considered crucial to decide the bona fide requirement of the landlord in case of property eviction proceedings?

The date of filing of petition for eviction is considered crucial for determining the legit requirement of the landlord for eviction proceedings.

Does the demise of the petitioner affect the proceedings of a case filed for eviction of the tenant?

No, the death of the applicant doesn’t affect the proceedings as the heirs of the deceased are permitted to defend their case citing the bona fide requirement of the property as mentioned in the petition.

Is it compulsory for all the owners of an estate to be present to file the petition for eviction of the renter?

One of the co-owners can alone file the application for eviction if all the other co-owners do not object. As per rules each and every co-owner has ownership rights over each and every part of the property. Therefore, it cannot be said that any co-owner is a partial owner.

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